6.  The applicant was a Montenegrin national, born in 1930, who lived in Podgorica.
7.  The facts of the case, as submitted by the parties, may be summarised as follows.
8.  On an unspecified date the applicant filed a compensation claim against “Radoje Dakić”, a joint-stock company mostly consisting of State-owned capital (hereinafter “the debtor”; see paragraphs 27-28 below).
9.  On 24 September 2003, following a remittal, the Court of First Instance (Osnovni sud) in Podgorica ruled in favour of the applicant, ordering the debtor to pay 159,879.33 euros (”EUR”) plus statutory interest, as well as EUR 6,216.26 for legal costs.
10.  On 6 July 2004 the High Court (Viši sud) in Podgorica upheld this judgment, and on 27 December 2005 the Supreme Court (Vrhovni sud) dismissed the debtor’s appeal on points of law (revizija).
11.  On 24 September 2004, upon the applicant’s request to that effect, the Court of First Instance issued an enforcement order (rješenje o izvršenju) by means of a bank account transfer.
12.  On 31 October 2005 the Central Bank (Centralna banka Crne Gore) informed the Court of First Instance that the judgment had not been enforced due to a lack of funds in the debtor’s bank account.
13.  On an unspecified date in February 2006, and in response to a prior request, the applicant was informed by the Minister of Justice that the judgment could not be enforced due to the lack of funds in the debtor’s account. At the same time, the applicant was invited to provide the courts with any other accounts used by the debtor.
14.  On 9 March 2006 the applicant provided details of several such accounts.
15.  On 16 March 2006 the Court of First Instance issued a decision (zaključak) ordering the Central Bank to block all the debtor’s bank accounts and provide data on the funds available therein (dostave podatke o stanju sredstava na tim računima). The Central Bank was to order the payment to the applicant, primarily from the designated bank account. If there were no sufficient funds in the said account, the Central Bank was to order the payment from another bank account in which there were funds. At the same time the court forwarded to the Central Bank the information obtained from the applicant on the debtor’s other bank accounts.
16.  On 24 March 2006 the Central Bank informed the court that the debt at issue had been attached to one of the debtor’s bank accounts pursuant to section 194 of the Enforcement Act 2004 (see paragraph 35 below).
17.  On 3 April 2006 and 13 April 2006 the applicant complained about the delay to the Court of First Instance. In particular, he submitted that the Central Bank had attached the debt to the account in which there were no funds available thus making the enforcement impossible.
18.  On 26 April 2006 the Court of First Instance reaffirmed its decision of 16 March 2006, insisting on full compliance with the relevant legal provisions which defined the role of the Central Bank in enforcement proceedings (see paragraph 35 below).
19.  On 28 April 2006 the Central Bank informed the court that the enforcement at issue had been attached to the debtor’s account specified in the letter of 24 March 2006, as well as that the debtor’s other accounts had been blocked.
20.  It would appear that on 31 August 2006 the Court of First Instance requested once again the enforcement of the judgment at issue.
21.  On 13 September 2006 the Central Bank informed the court that the enforcement was awaiting the inflow of funds in the particular account of the debtor. According to the information provided by the Central Bank there were fifteen other claims against the debtor, which had priority over the applicant’s claim.
22.  On 27 March 2007 the applicant would appear to have requested a change of the means of enforcement.
23.  On 29 March 2007 the Court of First Instance asked the applicant to specify his enforcement request within 8 days, in default of which it would be considered withdrawn. The applicant’s representative received this request on 2 April 2007.
24.  On 24 April 2007 the bailiff requested that the case-file be archived as the applicant’s representative had failed to amend the enforcement request which was thus considered withdrawn. At the same time it was stated that there was no reason for any further action by the court at the time as the enforcement order issued in favour of the applicant was registered (rješenje o izvršenju unijeto u program prinudne naplate) and was awaiting the inflow of funds in the debtor’s account.
25.  On 4 May 2009 the applicant filed a new enforcement request, pursuant to section 30 of the Enforcement Act (see paragraph 34 below), proposing that the judgment at issue be enforced by sale of the debtor’s immovable assets. On 15 July 2009 an enforcement order to that effect was issued. There is no evidence in the case file that the domestic bodies made any attempt whatsoever to enforce this order.
26.  The enforcement proceedings are still ongoing.
27.  The Government submitted that between 3 March 2004, which is when the Convention entered into force in respect of Montenegro, and the end of 2005, 52.196% of the debtor’s stocks were owned by the State, either directly or through some of its bodies (the Government, the Employment Agency, the Pension and Disability Insurance Fund, and the Development Fund).
28.  As of 2006 onwards the State and the said bodies owned 50.579% of the debtor’s stocks.
29.  The applicant maintained that: (a) the Government’s Privatisation Council (Savjet za privatizaciju) had sold several plots of the debtor’s land to a private company X and the Municipality of Podgorica for EUR 7,618,000 and EUR 1,400,000, respectively; (b) the debtor had received a grant of EUR 1,200,000 from the Government, and (c) it had made a profit of approximately EUR 2,000,000 in two and a half years, which made a total of EUR 12,218,000. He also submitted that the debtor had avoided doing business through its official bank account specified in the enforcement order, having instead opened accounts in other banks.
30.  Since 7 December 2005 the applicant complained about the non-enforcement to the President of the debtor’s Board of Directors, the President and the Prime Minister of Montenegro, the President of the Supreme Court, the Ombudsman, and the Central Bank’s General Director.
31.  On 21 April 2010 the applicant passed away. On 21 October 2010 the Court of First Instance declared Mrs Marina Mijanović Markuš, one of the applicant’s daughters, his sole heir in respect of the amount owed by the debtor as established by the final judgment issued on 24 September 2003.